A Declaration of the PEERS OF ENGLAND To the Kingdome;Wherein they declare That no Act of the Commons houſe is binding, not being conſented unto by the Lords in Parliament.
ON Tueſday the 9 inſtant, divers of the Lords met, and aſſembled in the houſe of Peers, where they fell into debate upon ſeverall things, in relation to their late Vote, that the King could not commit treaſon againſt the Parliament, which they ſtill perſiſt in: After ſome debate therupon, they took into further conſideration2 the chief reaſons and motives which did induce them there unto, and had ſome further debate, that a Committee draw up a Declaration to the Kingdom, which ſhall give reaſons why they rejected the Commiſſion for tryall of the Kings and to draw up another Declaration to the Kingdome, in which they are given to underſtand, that no Act of the Commons houſe is binding, not being conſented unto by the Lords in Parliament And the 10. of this inſtant, they ſat a while, and adjorn'd, but proceeded not upon the ſubject in debate the day before.
The day before they adjornd, the French Embaſſadour had audience in the Houſe of Peers, where he preſented a declaratory meſſage from the Queene of England to their Lordſhips, purporting, That ſhe earnestly deſired, that their Lordſhips would bee pleaſed to admit of her comming into England, for the viſiting of the Kings Majeſty, before his being brought to tryall, and that ſhe might have aſſurance of her ſafe return. But their Lordſhips reſolved to lay it aſide, and not to inſiſt thereon at preſent.
The houſe of Commons (after ſome time ſpent in debate what kind of Government to erect in England) agreed to have a new broad Seal brought in forthwith, which is to have ingraven on the one ſide the houſe of Commons; on the other, the Arms of England and Ireland, round, ſhall be impreſſed the year of its originall, as the firſt of freedom or liberty to the people.
Divers of the moſt eminent Lords that have ſerved the King in the late difference, have preſented a meſſage, and offered to his Excellency the Lord General Fairfax, an aſſurance. That his Majeſty ſhall ſigne what offered at the treaty, and elſe, as ſhall be deſired,
3Letters from the North ſay, that the Scots are exceeding weary of warlike commotions, and deſires to negotiate with the two Houſes of Parliament, and his Excellency the Lord Gen. Fairfax, in behalf of their dread Soveraign, to the end, that no proſecution fo•tryall, may bee put in execution againſt his royal perſon, without the advice and concurrence of that Nation thereto, and that nothing be done or acted, contrary to the Solemn League and Covenant between the two Kingdoms. Our intelligence from thence further ſaith, That divers of the Scottiſh peers have tranſmitted a Meſſage to the Kings Majeſty, intimating, Their loyalty and affection to his Royall perſon, and their Reſolution to leave no means unaeſsayed, for the advancing his Honour and Greatneſſe. But notwithſtanding their great forwardneſſe, to make the Royal party glorious, yet there are many diſſenting Brethren amongſt them, who are reſolved to confide with the parliament of England and the Army. The revolutions and tranſactions of affairs in this kingdom, now give a caution to all the well-affected in our Neighbour Nation, to carry a ſtrong hand, and an Eagles eye, over the proceedings of the Adverſe party. We hear of a new ſtorme ariſing in Lancaſhire, and of great under hand liſting there; but the well-affected are putting themſelves in a poſture to receive them and have in readineſſe 4000 Horſe and Foot to attend their motion. We hear that the honeſt party in the Weſt of England have alſo put themſelves into a poſture of defence, and have raiſed and liſted 12000 Horſe and Foot, to ingage with the parliament and army (upon any occaſion) for common Juſtice, Freedom, and Safety, and for promoting the Remonſtrance of the Army, to the end, that impartiall Juſtice may be executed upon the capitall Enemy of this Nation.
Leeds8. Jan: 1648.
The Generall councell of the Army gave reaſons to the common concerning their ſecuring, and ſecluding of the Members of Parliament (which Mr. Pryn ſayth are above 200 in number) 〈◊〉for your better ſatisfaction for ſo much as I ſhall make uſe〈◊〉this kind, I ſhall give you in the Officers own words, vizt.
Firſt, for thoſe Members who are yet detained in cuſtody, they are either ſuch who have beene formerly impeached, and (in part) judged by the houſe for treaſon, or other high crimes, and never acquitted; and againſt whom we can and very ſhortly ſhall produce new matter of no leſſe crime: or elſe ſuch who have appeared moſt active and united in Councells with them, againſt whom alſo we are preparing, and ſhall ſhortly give matters of particular impeachment.
Secondly, For thoſe others who have beene wi•hheld by the Guard from comming into the houſe, as nothing but ſuch neceſſity, as aforeſaid, and the clear denyall of any ground of diſtinction by voluntary diſcrimination admitted amongſt your ſelves, ſhould have made us in ſuch manner to exerciſe our own judgement and power in the caſe; ſo you having ſince by your Reſolutions of the 12 and 13 of December laſt, declared many of thoſe Votes (wherein chiefly the publike intereſt hath been of late diſerted) to be diſhonourable and deſtructive: and having admitted the entring diſſents againſt the Vote of December the 5 laſt, wherein the will of all the reſt ſeemes comprehended and cloſed up (as farre as God would ſuffer it to proceed,) and many faithfull Members having thereupon publikely declared, and entred their diſſents from the ſame; By which means there are now clearer grounds of diſcrimination begun amongſt your ſelves, and a competent number of Members, of whom by their diſſents regiſtred, we can publikely take notice of men ſtanding entire to the publike truſt, and in whoſe judgements we may repoſe: We ſhall therefore henceforth forbear to proceed any further in the excluſion of any upon our own judgement or information gained from without, and ſhall refer to the knowledge and judgement of thoſe whoſe diſſents from that Vote already an•, or hereafter ſhall be entred, both to conſider what other Members have ſtood clear from the ſeries of thoſe corrupt Councels; you have ſo declared againſt, and who have been notoriouſly guilty thereof, and accordingly to determine which ſhall be readmitted as having kept to their truſt, and which excluded, as having diſerted the ſame. But wee moſt earneſtly deſire, as you tender the good and quiet of the Kingdome, with the eaſing the burthens and ending the troubles thereof, and would for the time this Parliament ſhall continue, prevent an irrecoverable relapſe of all things into their former miſerable condition, and avoid the numerous evils and endleſſe troubles, which the renewed prevailing of the ſame corrupt Councels, or but of like diviſions and unſetledneſſe in your Councels, would evidently produce; that therefore you would reſolve to exclude henceforth from the houſe, and make the ſtrickteſt caution, and proviſion, to keep out all ſuch who are known to have carried on, or to be guilty of that ſeries of corrupt Votes which you have ſo juſtly branded, as aforeſaid, and that none may be readmitted amongſt you, who ſhall not either by their own proteſts, or upon your certain knowledge, be pareicularly acquitted there-from.
The reſt of the day was ſpent in debate on the manner of proceedings at Law, and in what name proceſſes ſhall iſſue forth, all Writts at Common Law iſſuing forth in the Kings name by our NORMAN Lawes: but this came not to any reſult.
Yet before I proceed any further, I ſhall re-mind you of divers things which have been acted within four weeks, which the people failed in their expectation of, for above four yeares before, viz. The removing the cauſe of the manifold obſtructions which continually happened when any great buſineſſe was moved in the houſe. 2. The taking away the negative power of the King and Lords, which the people did attribute to be the cauſe, why former Parliaments were called and diſſolved (after the peoples purſes were drained) without giving any redreſſe in publike grievances heard and redreſſed.
2ly. That there may be a freedome in Trade and commerce, all Monopolies ceaſe, and no man to ſuffer by any Law, againſt which he hath not tranſgreſſed,
The Propoſals of the City of London.
1 That impartial Juſtice may be executed upon all offenders either by Land or Sea, who have been Actors or Abettors in the former or late wars, and that from the higheſt to the loweſt without reſpect of perſons. 2 That all places of power and truſt in the kingdom and Navy, may be intruſted in the hands of thoſe perſons that may be ſafely confided in, for their known and approved fidelity. 3 That ſome effectuall courſe may bee taken for recovering the almoſt loſt Trade of the City and Kingdom.
His Excellencies Declaration.
Theſe are to require all perſons who have ingaged for the King in the firſt or ſecond war, and have adhered unto or aſſiſted him, or his party therein, and are now reſiding in London, or within ten miles diſtant therefrom, that within〈◊〉hours after the publication hereof, they depart from the ſaid City and Suburbs, and all places within ten miles diſtance thereof, and not to return for the ſpace of one month next enſuing, after the publication hereof; and whoſoever ſhall be found and taken contrary hereuntu, they ſhall bee dealt withall as priſoners of war, except ſuch as are excepted in the Order of Parliament.